State Codes and Statutes

Statutes > Utah > Title-38 > Chapter-09a > 38-9a-202

38-9a-202. Petition for wrongful lien injunction -- Ex parte injunction.
(1) The petition for a civil wrongful lien injunction shall include:
(a) the name of the petitioner, except that at the petitioner's request his or her addressshall be disclosed to the court for purposes of service, but may not be listed on the petition, andshall be maintained in a separate document or automated database, not subject to release,disclosure, or any form of public access except as ordered by the court for good cause shown;
(b) the name and address, if known, of the respondent;
(c) specific actions and dates of the actions constituting the alleged wrongful lien;
(d) if there is a prior court order concerning the same conduct, the name of the court inwhich the order was rendered; and
(e) corroborating evidence of a wrongful lien, which may be in the form of a policereport, affidavit, record, statement, item, letter, copy of the lien, or any other evidence whichtends to prove the allegation of wrongful lien.
(2) If the court determines there is reason to believe that a wrongful lien has been made,uttered, recorded, or filed, the court may issue an ex parte civil wrongful lien injunction thatincludes any of the following:
(a) enjoining the respondent from making, uttering, recording, or filing any further lienswithout specific permission of the court;
(b) ordering that the lien be nullified; and
(c) any other relief necessary or convenient for the protection of the petitioner and otherspecifically designated persons under the circumstances.
(3) An ex parte civil wrongful lien injunction issued under this section shall state on itsface:
(a) that the respondent is entitled to a hearing, upon written request filed with the courtwithin 10 days of the service of the injunction;
(b) the name and address of the district court where the request may be filed;
(c) that if the respondent fails to request a hearing within 10 days of service, the ex partecivil wrongful lien injunction is automatically modified to a civil wrongful lien injunctionwithout further notice to the respondent and that the civil wrongful lien injunction expires threeyears after service on the respondent;
(d) the following statement: "Attention. This is an official court order. If you disobeythis order, the court may find you in contempt. You may also be arrested and prosecuted for thecrime of making a wrongful lien and any other crime you may have committed in disobeying thisorder."; and
(e) that if the respondent requests, in writing, a hearing after the ten-day period specifiedin Subsection (3)(a) the court shall set a hearing within a reasonable time from the date thehearing is requested.
(4) The ex parte civil wrongful lien injunction shall be served on the respondent within90 days after the date it is signed, and is effective upon service.

Enacted by Chapter 93, 2005 General Session